Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder
9 months, 3 weeks ago

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder

Live Law  

The Kerala High Court today confirmed the death sentence imposed upon Muhammed Ameer-Ul Islam, a migrant labourer from Assam for committing the rape and murder of a law student in Perumbavoor on April 28, 2016. It said, “The Court stated that the brutality committed by the accused on the body of the victim to cause her death can only be regarded as acts committed out of frustration, aggression and vengeance as also to evade the law and get rid of the criminal liability.” The court further stated that since rape and murder were committed at the residence of the victim, the accused is also guilty under Sections 342 and 449 of the IPC. It said, “to award death sentence, the “crime test” that is, the aggravating circumstances favouring capital punishment has to be fully satisfied, that is, 100% and “criminal test” 0%, that is, no mitigating circumstance favouring the accused.” Applying the Crime Test, the Court found that the accused stabbed the victim several times including mutilating and pulling out her internal organs using a knife. Applying the Rarest of Rare Test, the Court confirmed the death sentence imposed upon the accused and stated thus, “…the society would certainly approve the awarding of death sentence, especially since the victim was a young lady who was forced to live in a structure on the side of the public road, on account of her impoverished social background, and the crime was one committed within the premises of her own shelter.

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